3ntetligniFer & Journal.
Lancaster, January 4, 1853.
GEO. SANDERSON, EDITOR
Important Decision.
We publish this week the opinion of the Su
preme Court, in reltion to the controversy between
e Canal Commissioners and the Central Railroad
Company and David Miller. It will he seen that
the Court sustains the contract made with Bing
ham' & Dock, and Fetuses the mandamus to the
Railroad Company f or the tollo sing reasons:
Ist. That the charter of the Company gives
them no legal right Whatever upon the State Works.
oily Tha t the laW of April 15, 1834, provides
that individuals shall have the right to place
cars on the road.
3d. That the law of March 13, 1846, provides
that one railroad company shall not have privile e
tb run their cars over a road belonging to another
railroad company, except with the consent of the
company owning the road. In this connexion Chief
Justice BLACK, who delivered the opinion of the
Court, says: That no law has yet been made
vhhich authorizes the relators to have cars on the
6olumbia Railroad; and, therefore, we cannot order
the respondents tol l attach their cars to the motive
P'
)ower of the Commonwealth."
The decision in regard to the case of DAVID
MiLLEn was different in principle, and was made
against him solely on the ground that the car he
.j.tiered to attach was a condemned one; and ex
luded from the road under a rule of the Canal
Commissioners on that account. 'But the right of
ihdividuals to pla l pe and run cars, attached to the
Commonwealth's locomotives, is fully conceded;
and, therefore, assoon as Gen. Miller presents him
self with the proper kind of cars, the State Engi-
veers are bound to attach them.
The decision of the Court is a highly important
one, and we advise all our readers to give it a care
tul
YFnxs BANR I NO is degenerating, says the New
Brunswick Fre;ionian, as we feared it would, into
sheer licentiousness. It is running its course like
wild-fil e through the different States—each State.
of course , in its,sovereiv,n pleasure, adopting a ba
I
;sin of its own. IWhat New York, New Jersey, and
'some other prudent States, reject as utterly unsafe,
as made the sole foundation in other States for an
indefinite and alarming expansion of paper money.
And so this system seems destined to go on until
every State, city, town and corporation boud or
other security in the Union is coined into bank
notes. Illinois,ifor instance, bases her issues upon
her own non-paying and irredeetnable stocks Wis
consin takes railroad stocks and bonds. Ohio pro
poses to let in county bonds. And following up
these pernicious examples, every other form of se
curity may, in no long time, become the substra
tum ot the monetary ecbnomy of the country. Who
can set bounds to the evil when every individual in
the land may set up a bank of issues! All of this
class ot paper, now, almost without exception, is
forced into circOlation, not loaned or issued in a
regular bulking business, and redeemed, it at all, at
a discount. And it is diffusing itself into every de
partment of business, into every avenue of society,
into every man's pocket, whether he will or no, to
the exclusion cif specie not only, but of good, re
deemable paper Unequal currencies cannot har
monize. One or the other must give way. Bub
bles will always be uppermost.
THE AFFAIRS OF Eutrps.—The New York Cour
ier thinks that at no period since the coup de tat of
NAPOLEON, twelve months ago, have the affairs of
Europe commanded so general and so close atten
tion as at present. All Europe is under an unde
fined and yet undeniable apprehension that its peace
ful relations which have been preserved essentially
unimpaired for thirty-seven years are soon to be
broken up. This all is held to depend upon the
will of a single man, and that man is universally
distrusted. No reliance whatever is reposed in the
professions of ) . .ours NAPOLEON, and great impor
tance• is consequently attached to the slightest in
dications of his future policy.
it
CONGRESS adjoutned over till yesterday. It
was with the greatest difficulty that a quorum had
been obtained in either house during the last week.
Nearly one-thi i rd of the time which the present ses
sion can last, has passed away, and nothing has
yet been done of any public importan te. The last
days of an outiping administration, are little favor
able to the inttoduction of new measures ; but there
is much unlini l shed business of last session, which
ought to receive Fdtention, and with an active
working body would soon he' cleared off the tables.
So far, the proceedings of Congress have been very
uninteresting, and scarcely attract any public atten
tion.
SPECULATION ON THE PRESIDENTIAL ELECTION.
—lt has beet') represented in various journals, by
elaborate andl carefully prepared tables of figures,
which, 'of course, cannot be impeached, that by a
change of 34,1165 votes, properly d.•"ide"d between
certain States,' the result would have been reversed,
and General Scott would have been the President
elect of the United States. Such, too, is the lan ;
and by the same simple rule, a diversion of 10,-
719 votes, sbiiably thudded between the States of
MassachusettS, Vermont, Kentucky and Tennessee,
General Scott would not have received a single
electoral vote, and Franklin Pierce would have
been elected imanimously. Figures are wonderful
things.
IV The State Legislature meets at Harrisburg
to-day. In dur next issue we shall publish the first
Annual Message of Governor 13rormrt, which we
have no doirbt will be a State paper worthy the
man and the'occasion. As was the case last year,
the House isiDemocratic and the Senate Whig--of
course there will be a clashing of interests to some
extent, and more difficulty in accomplishing: good
legislation, than it the Senate harmonized with the
House and tile Executive. We shall endeavor to
keep our readers advised of every thing of impor
'tance that transpires.
GEN. PIERCE'S CALIFORNIA RING.—The Boston
Transcript Says of this ring: It is of the purest
gold, weighslO3 ounces, and wculd be a very be
coming ornament for the little finger of the "King
of Giants," Of whom we read in fairy tales. The
ring is beautifully chased, and has a number of ap.
propriate representations of scenes characteristic
of the modern Ophir. ~ They must have artists of
the first order of skill in San Francisco, to have
produced such a work. The cost was about s2ooo'
and the value of the gold is upwards of $1.200.
By touching a spring, a lid flies up, and you see
imbedded various specimens of California ores.—
This marvelous ring is well worth seeing.
Thei late heavy rains have swollen the Sus
quehanna tb a very unusual height for this season
of the year! The Harrisburg papers say, to judge
from the large quantity of drilt wood and lumber
of every deScription that has swept down, that this
sudden and unexpected rise has caused a consider
erable damage up the river. For the last two days
large quantities of wood have been caught at Har
risburg, affording many a sufficiency of fuel for the
entire winter.
117* The Cennica returns his heart-felt thanks
to the' paqons of the "Intelligencer," in this City,
for their kind rememlirance of his wants, on New
Year'S D 4 ,. His appeal to their generosity was
kindly and promptly responded to—and he hopes,
in return for their favors, that " they may line a
thousand years arid their shadows never grow less."
137 ' PAUL HEBERT, the Democratic candidate
for Governor of Louisiana, has been elected by a
handsomel majority. He beats his Whig competi
tor in the ',city of New Orleans 1263 votes.
Colonel Fremont
We learn from our Washington sources that the
Board appointed to examine into the accounts of
Col. Fremont, for expenses incurred during his val
uable public services in California, will, it is said
report a bill favorable to his re-imbursement.
The history of Col. Fremont's services has not
been properly understood by our people, and the
proper appreciation which ought always to be
awarded for gallant self-sacrificing conduct has thus
far been unfairly withheld from him. Perhaps no
man in the public service contributed so much to
the permanent acquisition of our valuable Califor
nia possessions as did Col. Fremont, and we are
morally certain that no man suffered so much un
deserved oppression and annoyance as he has been
compelled to undergo since the declaration of peace.
When the difficulties first occurred on the Rio
Grande, Col. Fremont, who was then in California,
raised a partisan force and hoisted a California flag,
Containing a single star on its plain ground, and af•
terwards, when war was fully declated, he increas
ed his force to four hundred men, (denominated the
California batallion,) and substituted for his parti
san flag our national stars,snd stripes. With this
force he everywhere rendered most efficient service,
cc,-operated with Stockton and Kearney, and earn
ed for himself a reputation and a name which has
placed him high up among the active, gallant and
patriotic men of the country.
After having performed this duty, and whilst in
the midst of his usefulness, Col. Fremont drew upon
the State Department at honie for the amount of
funds necessary to the payment and subsistence of
his corps, and the Secretary of State having no ap
propriation for such expenditures, although con
vinced of its equity, was compelled to dishonor the
draft. This paper had, in the course of negotiation,
passed into English hands, and a short time ago
when Col. Fr:mont was passing from his carriage
to his hotel, in London, accompanied by his lady,
he was tapped on the shoulder by an English tip
stave and conveyed to prison for the debt.
The matter is now in process of adjudication,
and we understand that the British claimants
have sent their interrogatories to this country tobe
presented and answered. In' the midst of this in
vestigation we are gratefully pleased to see that
Congress has awakened to its sense of proper jus
tice, and we trust that they will anticipate the civil
tribunal and justify a gallant servant of the Repub
lic by appropriating the amouut necessary to cov
er the expenditures with frank and generous
promptitude.—Pennsy/vanian.
A RAILROAD TO THE RICIPIC.—The gigantic
project of a railroad across our territory to the Pa
cific has been introduced into the United States Sen
ate by Mr. Gwin. According to this plan, the
road is to have at its eastern end, on the Mississippi
river, two lines connecting' it with the Atlantic
through' the North and South respectively, and two
at its Western' end, connecting it with the Pacific
through Oregon and California. The contractors
for its construction receive in payment alternate
sections of public lands forty miles wide through
the intervening territories. At the end of thirty
years it is to be surrendered to the United States.
The mails, troops, and other transportations of the
Government, shall always be free upon it.
In a memorial to Congress on the necessity, im
portance, and practicability of a Railroad from the
Mississippi to the Pacific Ocean, the question of its
profit is considered. Fifty thousand persons go an
nually to California and it costs each $3OO to get
there, making a sum of $15,000,010. Supposing
that the railroad can carry them for $2OO, this
travel will yield slo,ooop 0. The road will be
2,000 miles long, and it is estimated will cost $50,-
000 per mile, or an aggregate of $100,000,000, so
that 50,000 passengers would yield an interest of
110 per cent. on travel alone. It is further assumed
that at least $5,000,000 will annually be derived
from freight, and that it will cost, to keep the road
in repair, $5,000,000, which would still leave 10
per cent. for the Government, or the stockholders
or the contractors, whoever should build it. There
are many schemes for this enterprise, and many es
timates, but they must all be, in a project so vast,
and over a country so little known, nothing better
to be relied upon than mere guesses.—News,
Commerce of Philadelphia
The Philadelphia Sun of Friday says :—" Yester
day the duties paid at the Philadelphia Cus
tom House amounted to over $123,000, being the
largest day's receipts at this port since the adoption
of the Federal Constitution. The duties at this
port for the year 1852 will amount to over Five
Million Dollars, which is an increase of nearly fifty
per cent since WILLIAM D. LEWIS, Esq., assumed
the Collectorship. In the year 1849 the duties
amounted to only $2,700,000. These are cheering
ihdications of the 'improving foreign trade of our
city. We may state in this connection, that the
steamer City of Manchester, at this port, this week
brought the most valuable cargo ever received in
this city, and among the largest ever received at
any port in the Union. Philadelphia merchants
have only to be true to their own local interests,
and cease to adopt their tributary dependence on
New York, to make our city the commercial em
porium of the United States."
_
THE WHEELING BRIDGE.—Public attention will
soon be called to the remarkable conflict between
the United States Supreme Court and the legislative
branch of the Government, in the Wheeling bridge
case. The Court, by a decree at its late session,
after a re-hearing of the case, decreed that the
bridge should be removed, as an obstruction to the
navigation, or elevated to a certain height, and they
allowed a certain time within which the bridge
company should comply
. with the terms of the de
cree. Congress, at the late session, and after the
adjournment of the Court, constituted the bridge a
post-road, with a view to save the bridge and evade
the decree, They undertake to legalize what the
judiciary has decided to be a nuisance. In Febru
ary, the United States Marshal will proceed to ex
ecute the decree, and summon a posse, and, if need
be, call upon the President for military aid. The
Governor of Virginia, on the other hand, will re
sist the execution of the decree, and employ the
militia for that purpose. There is a clash of au
thority between co-ordinate branches of the Gov
ernment, and in which States are deeply interested
on one side and the other. Whether Congress or
the Court is to yield is the'question.Ba ltimore
Sun, Dec. 27
Isaac S. Waterbury, Esq., one of the mem
bers elect from Dauphin county, says the Harris
burg Union, while going down on his last trip on
Friday last, as the State Agent, came very near
losing his life. The train was moving at its usual
rate, and when several miles this side of Columbia
the cars were thrown off the track in consequence
of a switch being wrong. Mr. Waterbury was
standing on the platform of one of the cars at the
time, and had he not jumped he would have been
crushed to death ; he fell among a pile of stones,
and it was thought by those who picked him up
that some of his limbs were broken, but we are
happy to state that his fractures turn out to be
slight, and he will no doubt be sufficiently recover
ed by the time the Legislature meets to attend to
his duties.
CONCORD, Dec. 25.—The New Hampshire Pa.
[riot holds. the following language in.speaking of
the policy of General Pierce, with regard to re
movals from office : —The Whig incumbents, ap
pointed in the place of Democrats, who have spent
time and money to defeat Gen. Pierce, have no
claim on his forbearance, and must expect no quar
ter. The Democratic part) has given no pledge to
retain them. Gen. Pierce is determined that the
corruption, negligence, and imbecility of the pres
ent rulers shall be reformed, and the officers ban
i•hed from the places they have disgraced. The
Augean stables are to be cleansed.
The Patriot also says " that the story about
thirty thousand dollars having been presented to
Gen. Pierte, current here for several weeks, has no
foundation."
City and CnuntY Items
Hlon RasT.—The North American Hotel, at
the Railroad, in this city, now kept by Wm. Youart,
was rented last week, for the ensuing year, at $BlO.
DJ" The Sons of Temperance have removed
their place of meeting from the Odd Fellows' Hall'
in South Queen street, to the third story of Fulton.
Hall, in Prince street.
V' On Christmas Day, the Degree of "Rebe
kah " was conferred upon nine Ladies, in the Odd
Fellows' Lodge Room, of this city, by P. G. Peter
J. Gorner.
117 The large Mill and Farm of Mr. John H.
Bassler, in Rapho township, were purchased, on
Thursday week, by Mr. John Hostetter, for
$1,5,500.
A SERENADE.—We were roused from our slum
bers on New Year's morning, between 1 and 2
o'clock, by some splendid music from the Lancas
ter Brass Band. We return the gentlemen of the
Association our warmest thanks for this testimo
nial of their kind feelings to the Printer and his
family,
EU' On Saturday evening, the 25th ult., a com
mittee of the : Baltimore Friend•hip Fire Company
presented Miss Ann E. Walker, of this city, with
a gold bracelet, breast pin, ear rings, cuff pins, and
a finger ring, in return for the handsome wreath pre
pared by her for that company a few months ago.
On the bracelet is engraved the following inscrip
tion: "Ann Elizabeth Walker, from the friendship
Fire Company of Baltimore, 1852:" The presen_
tation took place at the residence of Miss Walker,
on Chesnut and Mulberry streets. Alexander H.
Hobbs, Esq., presented the articles for the company ,
in a neat address, and was replied to by Thaddeus
Stevens, Esq„ on behalf of Miss Walker. The
parties afterward partook of a supper prepared at
the Swan Hotel.
1:17 - Our friend, COI. SAINIJEL C. ST.:.*B.111011
who with his estimable Lady know so well how
to get up such things in tasteful and elegant style
gave a dinner at Annadale to a number of thei;
friends. (ourself among the number,) on New Year's
Day, it being the birth-day of the Col. We have
never spent a more agreeable evening any where-
The table literally groaned with the delicacies of
the season, and the "feast of reason and flow of soul' ,
that followed was every thing that could have been
desired. The company broke up at an early hour,
all being delighted at the social enjoyments of
the occasion, and every one wishing long life
and happiness to the generous Host and Hostess,
with many returns of the birth-day anniversary.
FRANKLIN MARSHALL COLLEGE.—Letters patent
have been issued by the Governor, incorporating
the College. The following are the trustees named
in the Charter, who are to meet in this city on the
25th inst., for the purpose of organization.
Wm. Heyser, John Smith , Barnard Wolff, G. Be
sore, John Casper Bucher and John W. Nevin, of
Franklin county; J. C. Bucher, G. Z. Kunkle, D.
W. Gross, R. F. Kelker, J. F. Mesick and Luther
Reiley, of Dauphin county; D. Middlekauff, of
Adams county ; W. A. Good and S. Wagner, of
York county ; D. Krause, W. Scholl and J. R.
Kooken, of Montgomery county; J. W. Mann, W.
Mayberry, C. Bibigbaus and J. W. Albergei . , of
Philadelphia; J W. Gloninger, J. W Killinger and
John Krause, of Lebanon co; James Buchanan. J.
L Atlee, Samuel Bowman, J. L. Reynolds, John
Reynolds, E. C. Reigart, H G. Long. S. Humes, B.
Champneys, C. Hager, B. Keenan, D. Heitshue, D.
Longenecker, C. Gast, J. Bausman, W. Heister, P.
K Brenneman, N. A. Keyes, C. B. Grubb and J.
Konigmacher, ot Lancaster county ; T. H. Leii
bach, P. Zeiber and J. P. Hiester. ot Berks county;
Isaac Myers, of Schuylkill county ; J. H. A. Born
burger and J. P. Hetrich,-of Northampton county ;
G C. Walker, of Northumberland county ; Dr. W.
Darlington, ot Chester county; Jacob Myer, of Vir
ginia ; Elias Heiser, J. Rodemyer, B 0. Wolff, D.
Zellers and G. Shaffer, ot Maryland, and the Gover
nor ot Pennsylvania ex-officio.
Two-thirds belonging to the German Reformed
church, and the remainder to other denominations.
Ili" The January term of the Court of Quarter
Sessions will commence on the Third Monday of
this month. The following jurors have been cho
sen for the term :
GRAND JURORS—William Buchanan, Salisbury, ,
Robert Burgh, Upper Leacock. John copenheffer,
West Hempfield. John Flickinger, West Cocalmo,
J. W. Fisher, Esq , Columbia nor. Emanuel Gar
ver, Salisbury. Ephraim Gross, West Donegal.—
Allen Kline, Warwick. William Leed, East Cocal
ico. Daniel Lintner, Manor. John Miller, Esq.,
Manheim. J. H. Mifflin, Columbia Bor. Michael
Moore, Penn. Abilihain S. Mylin, West Lamp-ter,
John Overholtzer, East Earl. Richard J. Rutter,
Lower Leacock. Christian 11. Rauch, Warwick.—
John Raub, Strasburg. Henry Stouffer, East Earl.
Peter Summy, Esq., East Hempfield. Abraham
Shiffer, Warwick, Jacob K. Smoker, Sadsbury.—
John D. Wright, Columbia Bor. Godfried Zahm,
Lancaster City.
PETIT JUROR3—Michael Bundel, Lancaster City,
Martin Bailer, East Donegal. Jacob Breneman, Jr.,
Martic. Jesse Bucher, West Cocaboo. George
Bogle, Columbia Bor. Allen Cutler, Drumure.—
Anthony Carpentet, Earl. Benjamin Charles, Lan
caster twp. John Davis, East Hempfield. Alexan
der Danner, Lancaster City. Samuel Dyer, Sr., Mt.
Joy. Eli Eshleman, Manic. James Ewing, West
Lampeter. John B. Erb, Elizabeth. Christian Eby,
East Hempfield. Jacob Fehl, Martic. William
Gorrecht, Lancaster City. Charles A. Heinitsh,
Lancaster City. Collins Hamer, Bart. Henry Hart,
Martic. Cyrus S. Haldeman, Conoy. Casper Miller,
Conestoga. Andrew Hol tzw arch, East Hempfield.
Frederick Hipple, Conoy. Edward Hibshman,
Ephrata. Jacob Johnson, Drumore. Abraham
Kendig, Conestoga. Jacob Kraemer, Pilartic.—
Adam Kellet, Manheim. John Lintner, Manor.
George Lehman, Rapho. John Mylin, Conestoga.
Michael McGrann, Lancaster City. John Miller,
East Donegal. Martin Miller, Esq., Mantic. Peter
B. Nissley, West Donegal: Daniel Overholtzer,
Earl. Mathias Pennington, Fulton. Nevi Ranch,
Caernarvon. Jacob R. Redding, East Cocalico.—
Amos B. Shuman II anor. Jacob shirk, Caernar
von. John Smith, Lower Leacock. Alexander
Scott, Little Britain. David Styer, Esq., Caernar
von. Jacob Schmaling, East Hempfield. James
Watson, East Donegal. Christian Wenger, West
Earl.
The Mayoralty.
TO THE DENIOCRATS OF THE CITY,
An old resident and uniform supporter of the reg
ular nominations of the party would beg leave re
spectfully to suggest the name of Captain GRORGE
HAUGHMAN, of the North West Ward, as a suita
ble candidatc•for MAYOR, to be supported by the
Democracy at the ensuing election—subject to the
regular nomination of the party.
He is a true and unwaiering Democrat, never
faltering, honest and capable, and would be a pop
ular selection. _ .
A DEMOCRAT OF THE N. W. WARD
RAILROAD FARES.—The Cleveland Forest City
calls the attention of railroad companies to this
subject, and gives good reasons, in an article of some
length, in favor of lowering their rates of fare. It
thus concludes its article : " It costs a railroad com
pany very little more to transport a man a hundred
miles than a barrel of flour, or any equal weight
of merchandize. Eighty barrels of flour make a
car load, and sixty to eighty. persons can be con
veyed in a single car. A locomotive requiresabout
the same number of hands, consumes the same
quantity of wood, and travels as last to drag three
or lour cars, containing each a dozen or less pas
sengers, that it would did the train contain four
hundred persons. A barrel of flour costs some 30
' cents from Wellsville to Cleveland; and perhaps
forty, or less, from Columbus: but a man or woman
weighing one-third less ; is charged ten times that
amount. This is neither fair, just, or necessary,
and imperatively demands reform. A hog, weigh
ing 250 lbs., can get conveyed for one-sixth what
a man must pay, of half that weight! Why so
much more difference in price of passage than the
nature of the commodity? for it cannot be denied
that they possess many striking points of similarity,
and that a parallel could be run farther than might
be flattering to the genus homo."
THE NORTH BRANCH CANAL.—The Bradford Ar..
gus says the work upon this line of the State Im
provements is nearly complete. Indeed, with the
exception of two or three sections on the lower
division, there is next to nothing to do, to prepare
the whole line for the superstructure. The bridges
and lock•houses have been let, and the wood-work
for the aqueducts will probably be allotted next
week, so that they may safely calculate upon see
ing the boats running early next season.
The French Empire.
All sorts of speculation are indulged as to the
policy" of Louis Napoleon under the Empire. The
New York Courier expresses the opinion that the
change will prove beneficial to the French people.
The editor thinks moreover, that Louis Napoleon
will strike at England .with the private sanction of
Russia and Austria. He says : risburg, in the Middle District. The objection.
"We would have England alive to this fact; and seems to be taken in obedience to what the respon
we would have the press of England know that dents deem a public duty, and ‘ hasbeen rather faint
they are indebted to the bold Diplomacy of Lord ly urged. Oar jurisdiction; is over the whole
Palmerston in 1850, for the defeat of a combination State It is not the practioe ito issue writs beyond
which threatened serious injury to England, because the District in which they are made returnable, and
the example of her free representative Government. that is all that was. decidedlin Duffy vs. the Han
was in fact, exercising a far more injurious influ- over and Carlisle Turnpike, (9 S. &R. 59.) But no
ence upon the Government, of the Continent,: than law forbids it. There are cases., and this is one of
the example of far distant America. And this corn- them, in which the rule of practice ought to be re
bination lives again in the person of Louis Napo- taxed, though it certainly would not be relaxed if
leun and the resto-ation of the Empire ; and Eng- a motion were made to quash the writ in a purely
land cannot afford just now to cast from her the local and private case.
friendship of the United States and the sympathies The respondents dehy that the relators have any
of our people. right, either by their charter or by any other law.
' Instead, therefore, of the English Press threat- to carry freight or passengers on the Columbia
ening us with the hostility of France, let them look Railroad. If this be true, it endi the present con
well to themselves; and let them bear in mind, troversy, since whatever may be the duties of the
that at this very moment. the United States is her Canal Commissioneas, the relators cannot complain.
safe-guard and Protector against the Despotic Gov- unless they have been 'distifrbed in the enjoyment
ernments of the Continent. They will crush her if of some lawful right of their own. It would be
they can ; and Louis Napoleon will be the instru- absurd to order that the_Railroad Company should
ment to accomplish their work. In such a contest be permitted by the Canal Corrimissioners to do that
—a contest of Despotism against Constitutional which they cannot do without an illegal usurpation
Liberty—the United States could not be an idle of a privilege which the law has denied them. It
spectator. Our own safety as well as the cause of we a some that the Legislature has not authorized
Constitutional Liberty throughout the world, re- the. relators to prose Cute the carrying business on
quires that England should be sustained against the State road between Columbia and Philadelphia,
such a combination as that to which we have allu- the present proceeding is a demand that we estah
dt-d ; and we trust that the English Press will fish, maintain and protect them in the enjoyment
awake to the conviction, that it is not their interest of a privilege which the law forbids them to exer
to continue their senseless abuse of the United States. vise. This, of course, is not expected; and there-
Francis Joseph, the youthtul Emperor of Austria, fore the construction of the charter, and the other
and Louis Napoleon, the new Emperor of France, acts of assembly by which it is claimed that their
are two of the ablest men in Europe. Their ability frhnchises have been extended, must be carefully
is not surpassed by their purposes; and their abili-
attended to before it becomes worth while to in
ty and power combined, are only equalled by the' quire whether the conducC of the Canal Cornmik
deadly, hatred they bear to England. In this feel-
stoners has been right or wrong.
ing, Rtissia and Prussia partake, just so far astt is
In the charter of the Pennsylvania Railroad Corn
their interest to ; and there is a cloud impending
pony we find nothing which gives color to the no
over England, because of her constitutional liberty
tion that they have any legs I rights whatever upon
and the asylum she offers to the oppressed of the
the State works. On the contrary, the proviso in
continent, which, when it bul-sts, will demand our
the 'second section expressly denies them all privi
active sympathies, and it may be, an effective co
leges except such as are necessary or convenient to
operation. " . the procuring, making, owning. maintaining, regu
ide lating and using their own 'road, and confines their
This view is by no means novel, and is ev.nt
ly that of some of the leading British statesmen operations after the road is built, to the transpor
and journalists. The Louisville Journal in the lion of ps.sengers and tonnage thereon.
course of an article on the recent movements of A law passed the 13th of March, 1847, author
ises any Railroad Company to run cars over an-
Louis Napoleon speculates thus : other road connected with their owr; but it is pro
" The truth is, France is a plague-spot in the es- vided that' it shall only be done with the consent
timation of European legitimacy. She cannot safely o f zbe Company, owning the other road. This
be touched by any foreign power, because it gener- act cannot be made to cover the present case. The
ally follows that the plague of French ideas infects road owned by the relators does not connect with
those who approach too near them. If,,the kings the Columbia road. The latter road is not owned
and emperors were now to go to war to extinguish by a Company, and to shy that the State which
l does own it, has consented to such use of it , is to
Louis Napoleon and to restore the Bourbons to
France, there is scarcely a government in Europe beg the whole question.
that would not meet with trouble. The people are I
It is said that the right claimed is conferred on
res,less and discontended everywhere, and a war
; them by the act of 15th April, 1834, which author
toices the purchase of locomotives by the Can,,l Com
put down illegitimacy and to set up legitima
cy in France would be followed by a variety
of : missioners, and provides that individuals shall have
troubles that rulers are now rather anxious to avoid.
l the right to place cars on the road. This clause
No one can feel any doubts as to the desire that
, seems intended to establish a system by which the
rules the hearts of these monarchs whose right to
, State should furnish the motive power and individ
rule, as it is called, runs back into the dimmest and
' nals do the carrying Ilnd e r I such regulations as the
darkest of centuries, in relation to such upstarts as 1
' Canal Commissioners might see fit to prescribe.—
the Bonapartes. If such an upstart as Napoleon
l We do nut think the word individuals is to be un
derstood in a sense so narrow as that which the re
the third is permitted to rule one of ihe oldest and
most formidable powers in Europe, the example
spondents would assign to it. It means something
must of course be very noxious. Contagion would
more than single persons.' It would not exclude
probably grow out of it, for it would seem very
partnership nor an incorpbiated company author
much as it it were acknowledged that a new title
ized by its charter to carry goods or passengers on
is just as good as one that is historic enough to
that road. The argument of the relator's counsel,'
reach back to the Ccosars. This is precisely what
that it means any body other than the. Common
the legitimate monarchs have a dread of, and they
wealth, is a fair and just one. But no signification
would not submit one moment to such a practical
of it can be large enough to include a Company
commentary on what they consider dreadfully
from which the privilege is withheld by the law
wrong and disjointed, were it nut that the effort to
which gives it existence and defines its powers. If
do away with it would probably cost more than it
one corporation may claim this addition'to its Fran
would come to. The play would not be worth the
chises.so may all others. and every Company incur
candle, for to restore the Bourbons might possibly
porated for religious, literary, mining, manufactu-
cost some emperor or king his head ni g hts crown.'
ring or banking purposes inay demand' the right of
becoming carriers on the State railroads. This ex
tension of all existing charters was not made by
the clause in question. It adds nothing to any of
them and the relators are hot helped by it morn
than others. ..
Monument to Henry
A number of distinguished members of Congress
of both parties have' recently in a published card
recommended to the country the erection of a suit
able Monument to the illustrious CLAY ,in noticing
which the Washington Union, with great propriety
and justice says :—" However many of the Ameri
can people may have differed from HENRI' Caen
on certain:dividitig issues agitated during his life,
none will deny to him the great qualities which
impartial history must award to him as a bold, elo
quent, and patriotic leader, and as the advocate and
the champion of our country's cause 'during more
than one trying crisis. The closing scenes of his
life were among the brightest of his - career, and the
evidence of his great power as a statesman and a
patriot were never more brilliant. The thousands
who have responded to his appeals, and who have
admired his character, will not fail to assist in the
tribute by which the affection and the gratitude of
those who were his neighbors during his lifetime,
propose to commemorate his long and distinguish
ed services to his country."
DEATH FROM - EXPOSURE-STRANGE DEATH Lnom
Faroirr.—A'most distressing incident occurred near
Easton, Pa., on Wednesday week. A man named
Abraham Lisk, whilst proceeding at a late hour on
Tuesday night, from York to that place, was so
overcome with fatigue, or other causes, that he fell
in the road, and was found the next morning in a
dying condition, from the effects of the exposure.—
He was carried immediately to the farm house of
Mr. Samuel Duckworth, where he died in a few
moments afterward. Just as the man had been re
ceived in . o the house, the wife of the farmer, Mrs.
D., came suddenly in the room, and was so shocked
and overcome by fright at the unexpected sight of
the unfortunate man, that she fell to the floor, and
died almost instantly.
GLEASON'S PICTORIAL DRAWIN G-ROODI COMPAN
lON—published in Boston, Mass. will commence,
on the first of January, 1853, a new volume, being
Volume IV of this elegant illuminated journal. It
will appear with new type, new heading, and splen
didly improved in every department, besides which
the price is to be greatly, reduced. The publisher
is resolved to commence the new year with a cir
culation of one hundred thousand, and. therefore,
offers the most liberal inducements to clubs. Re
alizing the spirit of the age, the great improve
ments in art, and the constantly increasing intelil
gence of the people, the publisher, with this change
of prices, will vastly improve his already splendid
ly illustrated journal. Especially will a.great im
provement be manifested in the engraving depart
as well as the literary character of the paper, so
that the Pictorial shall appear in a style, not only
to merit all the encomiums of praise so lavishly
bestowed upon it, but also so as to challenge in
creased respect for its enhanced excellence and
perfection. In short;the whole paper , will be tar
superior to any yet offered to the public by the
publisher. By refering to the following list, which
forms a part only of the regular contributors to the
Pictorial, its high literary character will at once be
understood:
=TM=
Mrs. Ann S. Stephens, I Rev. H. Hastings Weld,
Mrs. L. H. Sigourney, Henry W. Herbert,
Mrs. Alice B. Neal, • T. Buchanan Read,
‘liss Phcebe Carey, T. S. Arthur,
Miss Alice Carey, lA.J. H. Duganne,
Mrs. Caroline Orne, Epee Sargeni,
Mies Anne I'. Wilbur, George W. Dewey,
I
Mrs. S. P. Doughty, Francis A. Durivage,
Mrs. C. A. Hayden, Park Benjamin,
Mrs. R. T. Eldreage, Dr. J. C. V. Smith,
Mrs. E. R. B. Waldo, I
Ben: Perky Poore,
btc., etc., etc. etc., etc., ect
The following are the terms of the paper :—One
subscriber, one year, $3,00; two subscribers,
$5,00 ; four subscribers, $9,00; eight subscribers,
$16,00. The paper will be for sale at all the pe
riodical depots throughout the country, after the
the Ist of January, at six cents per copy.
- Any paper inserting the above, editorially
with this paragraph, shall receive the Pictorial one
year.
BLACKWOOD's EDIFICURG MAGAZINE, for Decem
ber, from the American re-print of Leonard Scott
& Co., -N. Y., is a capital number. There are
some very able and interesting articles in it, from
the pens of several of the most eminent British
writers.
VICE-PRESIDENT KING GOING TO HAVANNA.-
The Postmaster-General, on the application of Mr.
Rusk, has given permission for the mail steamer
from New York for Havanna, to stop at Norfolk,
and take on board the Hon. W. R. King, Vice Presi•
dent elect, and convey him to Havanna, where he
proposes to spend the winter, in the hope of benefit
ing his health.
The Periodicals.
WASHINGTON, Dec. 29
- _
Decision of the Supreme Court -
Commonwealth Pennsylvania Rail
road Company vt. the Canal Commissioners.
Opinion of the Court.--Chiet Justice Black.—
.This writ of mandamus was issued at Pittsbmgh
and made returnable there to the Supreme. Court
for the Western District. It is objected that we
have no jurisdiction there, b4cause the chief place
of business for the Canal Commissioners is at Har-
B" section 11 of the relators charter, they are au
thoritied in a certain contingency to connect tvi i th`
the State railroad tram Columbia. From this, as
well as from many other things, it is fairly inferra
ble that the Legislature contemplated a continuous
line of railroad Pittsburg to Philadelphia.—
This was in fact the very object for which the
Pennsylvania Railroad Company was established.
It needs no argument to prove that a break over
which passengers could only be carried in stage
coaches was neither expected nor desired. But a
connexion between two roads (toes not imply that
the Company owing one shall have the right to run
' its cars 'Ton the other. It required the act of 13th
April, 1847, to give that privilege to connected
railroads owned by Companies , and even under that
act it does not exist, except by consent. Besides
the contingency on which this connection was au
thorized never occurred, and the connection never
was made.
A supplement to the charter of the Pennsylvania
Railroad Company was passed on the 23d of April
1.852, by which it was authorized to purchase and
hold certain real estate in the county of Philadel
phia," for such objects as appertain to the legiti
mate business of the Company, authorized by their
act of incorporation of qansporting passengers and
tonnage over their own and the Columbia Railroad.'
The simple and manifest object of this supplement
was to give the Company the power to hold the
land for the purpose of the business which the char
ter authorized it to carry on, and to confine its fu
ture.operations within the bounds previously affix
led.' But in the overwhelming redundancy of ex
pression which usually ..characterizes our statutes,
the legitimate business of the Company was not
'described according to the truth.
The Legislature; or a , majority of its members,
probably supposed that the charter did author
ise the Company to engage in the business of trans
porting passengers and tonnage on the Columbia
Railroad as well as their own. But an error is not
converted into the truth by a mere recital of it in
an Act of Assembly. That which has not been
law heretofore must be enacted to make it law here
after. We obey the will of the Legislature, when
expressed as its will, according to the forms of the
constitution, but its opinions are not binding. Such
opinions are often entitled to great respect as evi
dence of the law in doubtful questions; but when
they are manifestly founded in mistake, they are
to be disregarded, like an erroneous decision of the
judiciary.
It may be that the privilege which the relators
claim might arise, by implication, out of their
charter on some other of the acts cited by their
counsel, if we were at liberty to give them the
broad construction which we some times apply to,
other laws of a different character. But corporate
powers can never be created by implication, nor
extended by construction. No privilege is granted
unless it be expressed in plain and unequivocal
words testifying the intention of the Legislature in
a manner too plain to be misunderstood. R hen
the State means to clothe a corporate body with a
portion of her own sovereignty, and to disarm her
self to that extent of the powers which belong to
her, it is so easy to say so that we will never be
lieve it to be meant; when it is not said; and the
words of equivocal import are so easily inserted by
mistake or fraud, that every consideration of jus
tice and policy requires that they should be treated
as nugatory when they do find their way into the
enactments of the Legislature.
In the construction: of a charter to be in doubt
is to be resolved, and every resolution which springs
from doubt is against the corporation. This is the
rule sustained by all the courts in this coun
try and in England. No other has ever received
the sanction of authority, to which we owe much
deference. :This court has asserted it times without
number. We have ruled five or six important cases
upon it within the last year. We seem not to have
made much impression on the professional mind,
and we are probably finking as little now. But
when respectable counsel call on us hereafter, as
they doubtless will, to enlarge corporate powers by
construction, we can only repeat again and again
that our duty imperatively forbids it. The privi
leges of the Pennsylvania Railroad Company may
be too rigidly restricted. It the usefulness of the
Company would be increased by extending them.
let the Legislature see to it. But let it be remem
bered that nothing but plain English words will do
it.
The course of this reasoning necessarily brng
us to the conclusion' that the relators, having no
rights on the Columbia Railroad, cannot hare been
injured by the conduct of the Canal Commission•
eis, and it matters nothing to them whether that
conduct was in accordance with their public duty
or not.
We give no opinion on the other points of the
case. We have not considered the arguments so
eloquently urged by the counsel of both sides, on
the consequences of our decision to the revenues of
the State and the commerce of the country. We
leave all this to that department of the govern
ment whose duty it is to take care of it. Ours is
to say that no law ha , yet been made which au
thorizes the relators to have care on the Columbia
Railroad, and, therefore, we cannot order the res.
por,dents to attach their cars to the motive power
of the commonwealth.
J udgment for the respondents, that the perempto
ry mandamus be refused, , and that respondents have
their costs. .
Commonwealth ex. rel. David Miller, vs. Canal
Commissioners.
Opinion of the Cotirt.—Black, C. J.—ln this case
it is asserted in the writ of mandamus that the re-
lator demanded of the respondent's agent on the
Columbia Railroad that two care offered by him and
filled witlypassengers .should be attached to the
motive power of the Commonwealth, which was
refused. lit the answer it is alleged as to one of
the cars so offered that it had been previously con
demned by the inspector of cars unfit for service,
and according to a rule established by the Board of
Canal Commissioners it was not entitled to be pla
ced upon the road until it was again submitted to
inspection and approved by the proper officer, and
this iris said was never done. The demurrer ad
mits the angwer to be true in point of fact. The
refusal to attach a car condemned according to a
rule which no one denies to be wise or just or
made by legal authority is not a wrong. The writ
avers that.the other car was owned by David Miller
and Company, of which firm the relator was one,
but it does not say who were the other partners.—
The answer is that the Pennsylvania Railroad Com
pany, or some of its officers in trust for it was the
principal owner of the last mentioned car. If this
must be taken for true; it puts an end to the case.
'
The Railroad Company cannot run cars on the
State road in partnership with anoth.r person any
more than it can do so on its own .account without
a partner. • But a demurrer only admits such facts
as are well pleaded, and it is argued that the part
nership of the Pennsylvania Railroad Company
with David Miller is not to be taken as true, be
cause the respondents have not alleged it positive
ly but only according to the best of their knowl
edge and•behalf.
Let the correctness of this argument be conce
ded, doubtful though it be. We must look at the
whole record and give such judgment as the very
right of the cause demands, and since the relator
has-pot chosen to say who his partners were he
cannot have any advantage Isom the defective man
ner in which the respondent's allegation on that
point is got out. The familiar rule which requires
judgment to be given against the party who has
commit, ed the first error is decisive. This is not
merely technical but a substantial and . just objec
tion to the relator's demand. If a peremptory man
damus were awarded to attach the cars of the rola.
'or and his unkaown partners, it might have the el
feet of placing persons on the State road who are
excluded from the use of it by the laws of the Com
monwealth or by a regulation of the Canal Com
missioners with which we have no authority to in
terfere. -The probabilities are that such wou.d be
the result. There can haVe been no reason why
relator should conceal the name of his partner ex
cept a consciousness that the disclosure would be
dangerous to his case. There is another reason
still moredecisive for disregarding all that is said
about the car owned by the relator in partnership
with others. The petition prays for a mandamus
requiring the Canal Comissioners to attach, not the
cars of David Miller & Company, but those of
David Miller hidiself, to the motive power, and the
writ commands them to do so, or show cause to
the contrary. They are not required to render any
reason whatever against attaching the cars belong
ing to a partnership of which the relator is a mem
ber. Therespondonts might well and safely have
omitted altogether giving an newer to what the
writ says on that subject. The relator therefore,
•by his petition and writ, has put his whole case on
the refusal to attach the cars run on his - own ac
count and•in his own individual name. By the de
murrer he admits that car to have been unworthy
and unfit for service, and it was properly refu
sed a place in the train, in pursuance of a regula
tion which the respondents had full authority to
make, and which it would have been a gross ne
glect of their duty not to make.
Though it is not necessary to give any opinion
on the other questoins raised and argued by conn
sel, we will not close without briefly stating our im
pression upon some of them.
The State is the absolute owner of the public
works, and may use them as she pleases, for her
own profit and advantage, disregarding all consid
erations arising out of the interests of individuals.
By the organic structure of the Goverment the
power of determining how these works shall be
used is primarily vested in the legislature. The
department may exercise the power itself, or del
egate it to other agents.
It has been delegated to the Canal Commission
ers. On them the Legislature has devolves the dei
ty of exercising the proprietary, and in some de
gree the sovereign rights of the State. By the act
of 16th April, 1838, they are authorized to make
such rules and regulations, not inconsistent with
the laws-of the Commonwealth, as they may deem
reasonable, in 'all matters connected with the use
and preservati . on of the railroads. This commits
to them the management of the railroad, with au
thority to do whatever is not forbidden. When the
law is silent, their discretion comes in place ()flaw.
But the rules and regulations made by the Canal
Commissioners must not be inconsistent with law.
A regulation which denies io individuals the right
of attaching cars to the Commonwealth's locomo
tives:is inconsistent with the act of 16th April,
1834, by which it is provided that individuals shall
have that right.
An agreement between the Canal Commissioners
and one or more individuals, by which the sole and
exclusive use of the State railroad, either for all
purposes or for a particularpurpose, such as the
carrying of passengers, is given away during a
. term of years, is not a regulation according to the
act of 1838, and as a contract it is not binding on
the State, but may be repudiated and disowned
whenever the Legislature thinks proper to do so.
The most doubtful question is whether we have
the power to control the respondents in the execu
tion of their du'y. Certainly we canngt transform
ourselves into a Board of Canal Commissioners,
and prescribe how the railroads shall be managed,
or 011 what terms individuals shall be permitted to
use them, and a general order that certain persons
shall have their cars attached agreeably to the rules
and regulations of the Canal Commissioners would
be mere brulum , fulmen, which a new regulation
could set at naught the neat day. " For an abuse
of their power (says Chief Justice Gibson in Leech
vs. the Canal Commissioners,) they are not answer
able to this Court." "The only possible restraint,"
says Mr. Justice Lowrie, in Downing vs. McFad
den, on official discretion,
consistent with its ex
ercise, is that of responsibility fol. misdemeanor in
office, and the liability to action if the discretion
be maliciously exercised." But there are argu
ments on the other side, and while we adhere to
the whole doctrine of ihe two cases cited, it can
not be safely asserted that either of them fully con
ere this point. It is better, therefore, to leave it
open until an occasion arises necessarily calling for
the decision of it.
Our judgment againt the relator is based on the
fact that the car he offered was a condemned one,
excluded from the road by a rule which the respon
dents:had a right to make, In two weeks more the
Legislatnre will be in seseion, and they have the
unquestionable power, if they see fit, to put him
and the Pennsylvania Railroad Company both on
the State road, with condemned cars as well as
sound ones,' and to abrogate the contract complain
ed of, or affirm it. according to their own sense of
justice and policy, and no judgment of ours could
take this authority from them.
Judgment for the respodents, that the peremptory
mandamus be refused, and that respondents have
their costs.
"FAST" YOUTII—The Oswego Journal thus e xpa
[fates on the "progressive" ways of our rising gen-
Boys are nearly an extinct race. There is scarce
ly an intermediate stage between the diaper and
desperadoism. The rowdy infant is no sooner out
of his long-clothes, than he exhibits the incipient
traits of the dandy 'loafer,' and by the time he is
(hilly jacketed, he wants a tobacco-pouch, a pack
of cards, and learns to swear like a pirate. At the
age of ten, be begins to run with the 'inashcen,' and
his mother generally knows he is out, because he'
is very seldom in. At the age of twelve, he smokes,
drinks, and speaks of his parents as the 'old man
and old woman.' At fifteen he wants a gold watch,
a revolver, and talks about 'lamming' everybody
that don't 'keep out of his way.' At eighteen he
is the fastest' youth about town, talks of setting
up for himself, scribbles love letters, and becomes
a perfect adept in games of chance; can drink more
champaigne, and eat more ray.' oysters, than any
man of his inches. About this time, his lather
withhblds his spending money, and the young hope
ful thinks it a capital idea to run away where he
can enjoy his 'liberty,' and after sowing his 'wild
oats' abroad, returns home, satisfied that the -old
fslks' are not such great fools utter all.
We were highly amused, not long since, at hear
ing a young hopeful, some twelve years of age,
whom some person called a "boy,'lexclaim— . Call
me a boy! where is your men ?" We also over
heard two juveniles, not yet out of their aprons, of
fering to bet cigars that Scott would be elected,
because he waso bigger man than Gen. Pierce."—
Another little tad who was swearing away nt the
stove, trying to light an old stump of a cigar, on
being, advised to leave off that filthy habit, replied
with the utmost gravity. that "it was very hard to
break off smoking, as he had smoked ever since
he was a small boy." Almost daily we may see
three-footers, with lighted projectionsin their mouths
and spitting after the
swaggering along, puffing
most approved rowdy style. A glance at the mar
velous developments and precocious intellects, ex
hibited by the young Misses of this effeminate gen
eration, must be deferred until another day.
Hisvr Loss.—The Cincinnati Gazette, of De
cember 21st, states that large quantities of hogs,
slaughtered in Columbus and Cleveland,Ohio, and
shipped 'to New York by railroad, have been entire
ly spoiled by the warm weather. Twenty-eight car
roads in one train became so putrid that the stench
was an intolerable nuisance to the viliage they had
to pass through.
Arrival of the Uncle Sam
Twm.v.r. DAYS LATER FROM CALIFORNIA
$500,000 in Gold Dust, and 2,700,000 more on the
way—Earthquake at ✓lcapulco.
New YORK, Dec. 28th.
The steamship Uncle Sam arrived here, this
evening, horn Aspinwall, bringing dates from San
Francisco to the Ist inst., and veer half a million
dollars in gold dust. She also brings 200 passen
gers, who were brought down by the Cortes.
The steamer Columbus left San Francisco on the
28th ult.; for Panama. The steamer Independence
left on the let inst.. for San Juan, and the steamer
Panama on the - same day for Panama, with the
mails and 2,760,000 dollars. The latter had not
arrived at Panama on the evening of the 17th.
The travel on the Isthmus was good. The rainy
season had closed
The steamer Golden Gate arrived at Acapulco
on the oth on her passage up, and the steamer Pa
nama touched there the same day on her down
ward passage.
The prospects for winter digging at the mines
have never been more l,.vorahle for a large yield.
The latest election returns indicate that the ma
jority for Pierce and King in the State will reach
7000.
The announcement of the death of Mr. Webster
was received at San Francisco on the 20th ult,
and cast a deep gloom over the city. Minute guns
were , fired, and the flags were put at half mast.
Considerable feeling has been manifested in Cal -
ifornia in consequence of the reports that Congress
intends to break up the land commission.
The Indians in the South are reported as becom.
ing restive, and Lieut. Beale, 'Superintendent of
Indian Affairs, was to leave on the 30th inst., for
their haunts.
Capt. Gorham, of the ship Albany, has beets
cl arged with murdering a steward, one of his crew,
an,l was undergoing an investigation.
Snow had lallen to the depth of four feet in many
The burned district in Sacramento, had been
nearly rebuilt, including a large number of fine
brick buildings.
On the evening of the 4th inst., Acapulco was
visited by a terrible earthquake, by whiLh a num
lyr of the largest buildings in the ci*.y were de
stroyed. The shocks continued up to the departure
of , tne steamer Cortez. The glare row the burn
ing mountain, though situated sixty miles back of
Acapulco, was plainly visible on.the 9th.
Twenty buildings at Acapulco, valued at $.200,-
000, had been almost entirely demolished. A very
severe shock occur.ed on the Sth, and there were
repeated shocks during the next day.
The Fulton Hall was one of the buildings de
stroyed by the first shocie. Fortunately no lives
were lost.
An unusual amount of sickness was prevailing
at Panama
4 Thrilling Incident
The first settlers in Maine, found, besides its red
laced owners other and abundant sources of annoy
ances and danger. The majestic forek which then
waved, where now is heard the hum of business,
and where a thousand villages stand, wh-re the
homes of innumerable wild and savage animals.—
Often at night was the farmer's Mindy aroused
from sleep by the noise without, which told that
Bruin was storming the sheep pen or pig sty, or
was laying violent paws upon some unlucky calf—
and often 011 a cold winter's eveiliwi, did they roll
a larger log against the door, and with beating
hearts draw closer around the fire, as the dismal
howl of the wolf echoed through the woods. The
wolf was the most ferocious, blood-thirsty, but
cowardly. of all, rarely attacking men, unless driv
en by severe hunger, and then seeking his victim
with the utmost pertinacity. The followng inci
dent occurred in the early history of Beddelord.
A man, who then lived on the farm now occu
pied by Mr. H—, was, one autumn, engaged in
felling trees at some distance front his house. His
little son, eight years old, was in the habit, while
his mother was busy with household cares, of run
ning out into the fields and woods around the house,
and often going where the father was at work.—
One day, atter the frost had robbed the trees of their
foliage, the father left his work sooner than usual,
and started for home. Just by the edge of the for
est he saw a curious pile of leaves—without stop
ping to think what had made it he cautiously re
moved the leaves, when what was his astonishment
to find his own darling boy lying there scowl asleep!
Twas but the work of a moment to take up the
little sleeper, put in his place a small log, carefully
replace the leaves and conceal himself among the
nearest bushes, and there watch the result.
Alter watching a short time, lie heard a wolf's
distant howl. quickly followed by another and an
other, till the woods seemed alive with the tearful
sounds. The howls came nearer, and in a few
minutes a large - , gaunt, savage looking wolf leaped
into the opening, closely follow ed by the whole
pack. The leader sprang directly upon the pile of
leaves, and in an instant scattered them in every
direction. Soon as he saw the deception, his look
of fierceness and confidence changed to that ot the
most abject fear. He shrank back, cowed to the
ground, and passively awaited his fate; for the rest,
enraged by the supposed cheat, tell upon him, tore
him to pieces, and devoured him upon the spot.—
When they had finished their comrade, they wheel
ed about, plunged into the.forest, and disappeared;
within five minutes from their first appearance, not
a wolf was in sight. The excited lather pressed
his child to his bosom, arid thanked the, kind prov
idence which led him there to save his dear boy.
The boy, alter playing till he was weary, had
lain down and fallen asleep, and in that situation
the wolf found him and covered him with leaves
until he could bring his comrades to share in the
feast; but himself furnished the repast.—Beddeford
Journal.
CHAWFOIII) . 9 STATUE OF WASIIINOTOF, &C.—A
correspondent of the London Chronicle, writing
from Rome, makes the following comments upn
Crawford's stature of Washington, which he is en.
gaged in executing, by order, we believe, of the
State of Virginia:
" It will be the largest national monument of the
kind existing. Rauch's statue of Frederick the
Great, at Berlin, is considerably of less proportions.
The base of the Washington monument is a com
plete circle; on this a star, with six points, is rais
ed, and on this rises the actual base to the eques
trian figure of America's great man. Si.T. eagles
surround the steps on the circle, and six colossal
I statues of eminent Americans surround the pedes
tal—Henry, Lee, Mason, Marshall, Allen, and Jet•
ferson. The whole is on a gigantic scale, from
sixty to seventy feet high, and is grandly represent.
ed. The figures of Jefferson and Henry are com
pleted, and have aliesuy been forwarded to Muller's
celebrated foundry, nt Munich, to be cast in
bronze; the others will successively be sent to the
same place, and for the same purpose. The whole
composition bears the stamp of greatness, and tes
tifies the vast conception of the artist. He is at
present raising the figure of Washington's horse—
s real mould of clay. A small model of he mon
ument as it will be when completed, decorates the
immense studio in which this mammoth work is
being executed. The sides of the pedestal are dec
orated by two very handsome basso relievos ; the
one representing the arms of the State; the other is
symbolic—a figure of Liberty, with its loot on
Tyranny, surrounded by the motto," Ste semper ty:7 .
runnis." The Papal government, last year, made
a very handsome donation of an immense block of
marble, for the works:'
FLoon it TEE WEST —The weather became
clear yesterday, but to-day the rain again poured
down in torrents.. The river is rising rapidly, and
at noon the water had reached the buildings at the
toot of Main street. There are serious apprehen
sions of an overflow.
The damages to the White Water and Miami
Canals will require 30 days to repair. The dam
age to the Hamilton and Dayton Railway can. be
repaired in two days, if not further damaged by the
rain to-day. The -damage to the Hamilton and
Eaton Railroad will require ten days to repair.—
The Little Miami Railroad is in running order.—
The White River is higher than it has been for 40
years. The boats were swept from the White Wa
ter Canal some 200 yards and dashed to pieces.
CINCINNATI, Dec. 29 —The river is now rising
at the rate of three inches per hour, and is only 12
feet below the great flood of 1847. The damage
done along the river, both above and below, is very
great, and a large amount of meat has been sub-
merged.
Lertn.—CINCTNNATI, Dec. 29, Evening.—The
river is now stationary. It is 10 feet below the
flood of 1832. It will be falling to-night. Advices
from. the valleys of the Big and Little Miami. Sci•
ota and White Water Rivers and other streams have
been received. Great loss of property is reported.
A large amount of corn has been carried away,
hogs drowned and mill dams destroyed.
113 —' Hon. Joan K. FINDLAY, formerly of this
City, has been elected Captain of the Philadelphia
Greys, the same company formerly commanded by
Gen. Geo Cadwalader. The Greys have been re
organized, have adopted a new uniform, and wil
parade under their new Captain on the 24th inst•
I.o : tr The READING Gazarra comes to us in
new and beautiful suit of type. We are glad t
see this evidence of its prosperous condition.
CINCINNATI, Dec. 27